I Have given my wife three talaaqs in one sitting while she was menstruating, is this talaaq valid as i have read somewhere that it is not valid. Can I do Halala?

· 18 Dhuʻl-Qiʻdah 1429 AH1 min readFatwa 17323English

Question

1. I Have given my wife three talaaqs in one sitting while she was menstruating, is this talaaq valid as i have read somewhere that it is not valid.

IF IT IS VALID, I REGRET WHAT I HAVE DONE AND WANT TO BE RECONCILED WITH MY WIFE

2. Is it possible to do a pre-planned halala, my freind also divorced his wife a few years ago, can we arrange to marry each others ex-wives in order to reconcile back to our own wives, and do our wives need to know each others intentions. And is it a sin.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1. One should not issue divorce in the state of menses. However, if one did issue his wife divorce during menses, the divorce will be valid. The three talaqs constitute talaq-e-mughallaza (a permanently irrevocable divorce). Your ex-wife will have to sit in iddat for three menses if she experiences menses or till birth is she is pregnant. Is she does not experience menses or she is not pregnant, then her iddat will be three months.

2. If your’ll wish to reconcile, that is possible only after halalah, that is after the iddat, your wife marries another person and consummates the marriage. If the second husband divorces her, then after her iddat, she may marry you.

A preplanned iddat is not permissible. However, if it is done, the halalah will be valid.

And Allah Ta'ala Knows Best

Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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